NORWICH – Michael C. Thiel, 39, Otselic, was sentenced to a determinate sentence of four years in state prison on Thursday, to be followed by two years post-release supervision along with the responsibility of paying $21,148.48 in restitution to the victim.
Convicted in April of second degree assault, a class D violent felony, it was alleged that Thiel, on or about May 22, 2012, with the intent to cause serious physical injury to another person, seriously injured Bill Buckley, 57, in the parking lot of the Otselic American Legion.
Following the alleged assault, Buckley spent eight days in the hospital where he underwent reconstructive surgery, incurring approximately $120,000 in medical expenses. While an insurance company did pay for $100,000 of the total, the Buckley family still paid more than $20,000 out of pocket.
“He is one of the luckiest men in Chenango County,” said District Attorney Joseph McBride concerning the defendant prior to sentencing. “... lucky that the victim didn’t die. In my opinion, I believe that the defendant was on some sort of drug which set him off. Mr. Buckley will never be the same man ... I ask that the full range [7 years] for sentencing be considered.”
Though present in court during the sentencing, the Buckleys declined to speak when afforded the opportunity.
“I suggest, given Mr. Thiel’s current and prior situations, that the $20,148.8 restitution makes sense,” said Defense Attorney Kelly E. Fischer while making the point that his client might never be able to pay the additional $100,000 in restitution to the insurance company, something that was also being considered. Fischer went on to affirm that Thiel had been mixing prescription narcotics with alcohol during the date in question, asserting that he had reacted under the influence when confronted by an emotional situation that caused him to overreact. “This matter – which he later referred to as a ‘momentary relapse’ – is not deserving of the maximum sentence.”